If you and Presto have executed a written agreement governing your access to and use of the Service, then the terms of such signed agreement will control to the extent that it conflicts with this Agreement.
If you and Presto have executed a written agreement governing your access to and use of the Service, then the terms of such signed agreement will control to the extent that it conflicts with this Agreement.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH LEGAL ENTITY TO THIS AGREEMENT AND THIS AGREEMENT APPLIES TO SUCH ENTITY WHICH IS DEEMED THE USER.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
THIS IS A CONTRACT BETWEEN YOU AND PRESTO. YOUR USING THE PRESTO SERVICE INDICATES THAT YOU INTEND TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
a. Presto Service.
Presto, via the Service, provides mobile solutions for electric vehicle fleets to enable drivers to find chargers, start a charge, and pay for charging. You are hereby granted a personal, non-exclusive, limited, freely revocable license to use the Service as permitted by the features of the Service and in accordance with all applicable terms. Presto reserves all rights in the Service not expressly granted herein. Presto may terminate this license at any time for any reason or no reason.
b. Presto Service.
Supplemental terms and conditions may apply to some aspects of the Service, such as rules for a particular promotion, service or other activity, or terms that may accompany certain content or services that are accessible through the Service. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms with respect to the subject matter of the supplemental terms. The Service is not available to Users previously removed from the Service by Presto.
c. Presto Accounts.
Registration for access to and use of the Service may require access credentials, such as a phone number and one-time passcode, user name and a password, or adherence to other access requirements designated by Presto. When creating your account, you must provide accurate and complete information. You will consider your access credentials, such as a user name and password, as confidential information and not disclose them to any third party. You will immediately notify Presto if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. You are solely responsible for the activity that occurs on your account. Presto will not be liable for any losses caused by any unauthorized use of your account.
Your Presto account gives you access to services and functionality that we may establish and maintain from time to time and in our sole discretion. By creating an account, or giving us any contact information, you consent to receive mail and electronic communications (email, text/SMS and by telephone) from Presto, in addition to any postings of communications by Presto on the Site, relating to the Site and/or the Service, including any notices required by law. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences in your “Account” page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Please be aware that message and data rates may apply to communications between you and Presto; contact your wireless provider for details.
d. Service Rules.
You will not engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service or information displayed via the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) accessing the Service in order to monitor any aspect of the Service, including charging network information or the availability of the Service; (iii) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service; (iv) taking any action that imposes an unreasonable or disproportionately large load on our infrastructure; (v) interfering with the proper working of the Service; (vi) bypassing or interfering with the measures we use to prevent or restrict access to the Service; (vii) modifying, disassembling, decompiling or reverse engineering the Mobile Software (as defined below), except to the extent that such restriction is expressly prohibited by law; (viii) renting, leasing, loaning, reselling, sublicensing, distributing or otherwise transferring the Mobile Software to any third party or using the Software or Service to provide time sharing or similar services for any third party; (ix) making any copies of the Mobile Software; (x) deleting the copyright and other proprietary rights notices on the Mobile Software.
We may, without prior notice, change the Service or stop providing the Service or features of the Service, to you or to users generally. We may permanently or temporarily suspend your access to the Service without notice and liability for any reason, including if we determine that you have violated any provision of this Agreement, or for no reason. Upon suspension by Presto for any reason or no reason, you continue to be bound by this Agreement.
e. Beta Features.
From time to time, Presto may make available to Users certain features, functionality or services to try at no additional cost, and which are designated as beta, trial, non-production or another similar designation (“Beta Features”). Beta Features made available by Presto are provided for testing purposes only. Presto makes no commitment to provide Beta Features in any future versions of the Service. Presto may immediately and without notice remove Beta Features for any reason without liability to you. For clarity, all Beta Features are provided "AS IS" without warranty of any kind.
To modify or delete your account, (a) login to the Account tab in the mobile app and follow the modification and/or deletion instructions provided therein or (b) email email@example.com with “Termination” in the subject line. If you delete your account, you will no longer be able to access any data associated with that account, including transaction history.
Presto may immediately terminate this Agreement or your account and cease to offer you services at any time, for any reason, in its sole discretion. If Presto terminates this Agreement, you remain responsible for any Fees due hereunder as of the date of Presto’s termination. Even after termination, if applicable, Presto may collect damages from you in connection with any breach of the Terms by you and may exercise any other remedy available to Presto under this Agreement. Following termination, you no longer have a right to access the Service, Mobile Software, Presto Content. The obligations of the parties in Sections 4 (Proprietary Rights), 7 (Third-Party Sites, Materials, Links), 8 (Indemnity), 9 (No Warranty), 10 (Limitation of Liability), 11 (Governing Law and Arbitration), and 12 (General) will apply regardless of any termination of this Agreement.
Upon termination of this Agreement, your method of payment will be charged for any unbilled Fees or any other amounts due hereunder.
We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service. Presto does not warrant that the Mobile Software will be compatible with your mobile device. Presto hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Presto account on one mobile device owned or leased solely by you, for your personal use.
You acknowledge that Presto may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Presto or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and all copies thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Presto reserves all rights not expressly granted under this Agreement. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You will comply with all applicable laws related to use of the Mobile Software and the Service.
The Service and all materials therein or transferred thereby, including, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and, as between you and Presto, User Content (as defined below) belonging to other Users (collectively, the “Presto Content”), and all intellectual property rights related thereto, are the exclusive property of Presto and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights.
Some areas of the Service allow Users to post content such as comments, reviews and other content (any such materials a User makes available on the Service, “User Content”). As between you and Presto, you own your User Content. By sharing User Content through the Service, you allow others to view and share your User Content in accordance with your settings and this Agreement. You expressly grant, and represent that you have all rights necessary to grant, to Presto a royalty-free, transferable, perpetual, irrevocable, worldwide license to use, reproduce, modify, distribute and publicly display all such User Content, in whole or in part, and in any form, media or technology for use in connection with the Service and Presto’s business.
You will not post User Content that: (i) may create a risk of harm, loss, physical or mental injury or emotional distress to you or any other person; (ii) may create a risk of any other loss or damage to person or property; or (iii) may constitute or contribute to a crime or tort. Presto has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous and without restriction and will not place Presto under any fiduciary or other obligation, and that we are free to use the Idea in any way without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by considering your Idea(s), Presto does not waive any rights to use similar or related ideas previously known to Presto, or developed by its employees, or obtained from sources other than you.
a. Fees, Payment, Taxes.
You will pay the fees for the Service(s) you select in the app (“Fees”). In addition to fees directly attributable to charging (“Charging Fees”), the Fees charged via the Service may include additional charges related to your activities that are set by the Host (as defined below), e.g., idle fees and parking fees (any such fees, “Station Fees”). Presto will provide you with a preliminary receipt following the session that will reflect the estimated Charging Fees. Presto will bill final Charging Fees and Station Fees promptly after they are received from the charging station operator, which may be up to two business days after the relevant charging activity. We will use reasonable efforts to inform you in advance of the charging session of all Fees that may apply to that charging session, but you will be responsible for Fees incurred under your account regardless of your awareness of such Fees or the amounts thereof. For pay-as-you-go Services, to confirm that your payment method is valid, Presto will make a pre-authorization charge that will be released once the Fees are successfully billed.
All Fees and payments will be enabled by Presto and its third party payment provider(s) using the preferred payment method designated by you in your account, after which you will receive a receipt by email. If your primary payment method is expired, invalid or otherwise not able to be charged, you agree that we may use a secondary payment method in your account, if available. Fees paid by you are non-refundable, unless otherwise determined by Presto. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current.
You will be solely responsible for paying all direct or indirect federal, state and local taxes, duties, levies, premiums, fees and other assessments of any kind, even where Presto chooses to or is required to collect and remit to the applicable taxing authority in connection with your use of the Service that Presto provides to you, together with all interest, penalties or other additional amounts imposed thereon, including any gross receipts, sales, consumption, use, value added, commercial activity or other privilege, property, road or other transportation tax or any other taxes of any kind whatsoever imposed by any applicable taxing authority. These charges may change from time to time without advance notice.
Tax exemptions for the Service will require a valid exemption certificate shared with Presto in advance of any transaction. Tax exemptions will not be applied retroactively.
Presto sets Charging Fees in its sole discretion; Station Fees are set by the charging station provider. The pricing applicable to you may vary from what is directly available at a charging station and may change at any time. Any mileage estimates associated with kWh of charging are approximations only and not representations that your vehicle will maintain its charge for the distance specified. Actual mileage may vary widely based on vehicle, battery health, driving conditions, weather (including temperature), driving behavior, load, and other factors. Any savings estimates relative to non-Presto User retail rates are approximations only and not representations that any individual User will save the stated amount. Actual savings vary based on chargers, time of day, and utilization of the Service purchased.
c. Plans; Automatic Renewal; Promo Codes.
You may be provided with the option to purchase prepaid and/or subscription “Plan(s)” that incorporate pre-determined pricing for a defined amount of charging during a set period of time, in exchange for a one-time or periodic fee that is paid in advance. Plans may vary in their conditions and limitations, which will be shared within the app at sign-up or in other communications made available to you. Plans and your ability to redeem charging under a purchased Plan may be limited to prevent fraud or misuse (for example, we may limit the number of charging sessions or kWh of charge per User per day or week).
Plans may renew automatically using the payment details on file for your account. If you purchase a Plan with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for renewal fees. Unless you cancel, your Plan will renew on the same day of the week or month as the date you made your initial purchase and the payment information on file will be billed for the then-current Plan fee. This purchase date will be included on your Plan confirmation receipt that will be emailed to you at the email you provide. You may cancel your Plan at any time; see Section 4(d) below for details.
Fleet or other special pricing may be available only after a promotional code (“Promo Code”) is entered and may vary from User to User. Promotional offers and discounts are offered in Presto’s sole discretion and are subject to change or withdrawal at any time and without notice. Promo Codes may not be shared with other Users.
Plans, promo codes, and any other special offers are not available where prohibited by law.
d. Plan Cancellation; No Refunds.
You can cancel a recurring Plan at any time by logging into your Presto account on the Presto site and following the instructions on the Manage Payments section of your Account Settings page or by contacting Customer Support at firstname.lastname@example.org. You must cancel your Plan prior to your next recurring billing date in order to avoid being charged.
If Presto suspends or terminates your account under this Agreement, you understand that you (i) will no longer have access to any remaining charging capacity on your former Plan; and (ii) will not receive any refund or exchange for any unused kWh on a Plan, any license or subscription fees for any portion of the Service, any content or data associated with your account, or anything else.
If your account enables billing to another person or business, certain information will be shared with that person or business. This may include Personal Information and information regarding the time and date of services and the associated charges for such services. You acknowledge that such data sharing is a condition of use of the Service.
Presto cares about the integrity and security of the information you provide to us. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your information for improper purposes. You acknowledge that when you provide information to Presto, you do so at your own risk.
The charging stations recommended via the Service are owned and operated by third parties (such third party is referred to as a “Host”). While the Service recommends charging stations based on both proprietary and public information, Presto has no control over the stations themselves and makes no representation that any individual station will function as expected. The Service may occasionally recommend out-of-network charging stations when necessary to provide you with charging options. These stations are not part of the Presto network and are not eligible for payment or pricing through the Service.
While visiting charging stations, you will observe and obey all rules set by Hosts pertaining to their property and the use of their chargers, including as to general conduct, parking and idling limitations, and hours of operation. You are solely responsible for any damage, fees, penalties or losses caused by your violation of any Host rules.
You acknowledge that vehicle charging carries inherent risks. You will at all times follow all applicable product, vehicle, safety, and technical documentation for the charging station and the vehicle. You will use the correct equipment and connector type for the vehicle and charger. Chargers in the Presto network are intended for use solely for standard, unmodified, industry-manufactured automotive land vehicles. Using Presto for the charging of any other type of vehicle, including home-built electric vehicles, home-built onboard chargers, and vehicles that contain personally modified chargers, is prohibited. To the maximum extent permitted under applicable law, Presto will have no responsibility to you for any damages or losses resulting from your failure to comply with the terms of this paragraph, including without limitation any damages to personal property or arising from personal injury.
You will defend, indemnify and hold harmless Presto and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of the Service via your credentials.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PRESTO, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT PROVIDED BY THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE OR CHARGING SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
PRESTO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE PRESTO SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PRESTO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRESTO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL PRESTO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM ACCESS OR USE OF THE SERVICE OR CHARGING SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRESTO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT PROVIDED BY THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT WILL PRESTO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PRESTO IN THE SIX MONTHS IMMEDIATELY PRECEDING THE CLAIM OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PRESTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the United States. Presto makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
a. Governing Law.
This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PRESTO. In the unlikely event that you and Presto have not been able to resolve a dispute after 60 days of good faith negotiations, we each agree to resolve any claim, dispute, or controversy (excluding any Presto claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in San Francisco, California, unless you and Presto agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed to prevent Presto from seeking injunctive or other equitable relief from the courts as necessary to protect any of Presto’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND PRESTO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Presto without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
b. Notification Procedures and Changes to the Agreement.
Presto may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Presto in our sole discretion. Presto reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Presto is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Presto may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
c. Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with Presto in connection with the Service, shall constitute the entire agreement between you and Presto concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
d. No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Presto’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
e. Government Use Rights.
If the Service is licensed to the United States government or any agency thereof, then the Service will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service.
If you have any questions about Presto or the Service, please contact us at:
Address: 2667 Carisbrook Dr, Oakland, CA 94611
This Agreement was last modified on June 26, 2023.
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